2020 and Related Rights - Intellectual Property Pulse

ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

The IPKat

SEPTEMBER 9, 2021

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda.

3 Count: Time’s Side

Plagiarism Today

JULY 26, 2022

However, under the conventional theory of damages, Starz would have only been eligible for damages on infringements going back to May 2017, three years before the lawsuit was filed in May 2020. However, the Ninth Circuit has ruled that is not the case.

Settlement

Settlement Copyright Infringement Reporting Plagiarism

The EU AI Act has been published

The IPKat

JULY 12, 2024

Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. While the AI Act is not IP-specific legislation, it will have a substantial impact on it, notably copyright and trade secrets.

Publishing

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

The IPKat

APRIL 29, 2022

WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). At the wake of the pandemic, the mode of conducting the SCCR’s sessions changed drastically.

Copyright

Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2022

More on this in a separate post… And here are matters this Kat is keeping 3 of the 5 senses, alert for: As reported on The IPKat in May , the Africa Group at WIPO proposed a Work Program on Limitations and Exceptions (L&Es) to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR).

IP

IP Patent Intellectual Property Government

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

DECEMBER 6, 2022

The Act mandated the creation of two Collective Management Organizations, or CMAs, one for representing the interests of the authors and the other to safeguard the interests of related rights owners. The Act further lays down the limitations on copyrights, provides and establishes penalties for infringement. 10.21831/jss.v16i2.31055.

Music

Music Copyright Copyright Infringement Moral Rights

EU copyright law round up – fourth trimester of 2021

Kluwer Copyright Blog

DECEMBER 26, 2021

This seems to have pushed EU Member States towards compliance – the latest examples here are the Irish European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (19 November), the Italian Decree (published on 27 November), and the Estonian Act implementing the Directive (8 December).

Copyright Law

Copyright Law Law Copyright Reporting

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

JUNE 21, 2021

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art. Image of conolan on Pixabay.

Art

Art Law Related Rights Marketing

Cambodia and its RCEP Accession

IP and Legal Filings

NOVEMBER 30, 2022

On November 15th, 2020, Cambodia completed the Regional Comprehensive Economic Partnership (RCEP), the largest free trade agreement, which included 10 ASEAN members and 5 additional regional nations with which ASEAN already had free trade agreements in place.

Intellectual Property

Intellectual Property Marketing Marketing IP

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

MAY 4, 2022

According to PM, the specific musical repertoire in question was not represented by any collective management organisation (CMO) in Greece or abroad and, therefore, no copyrights, related rights, performance rights, or any other rights of third parties were owed.

Contracts

Contracts Music Related Rights Television

AI and IP – A real conversation starter

IP Whiteboard

OCTOBER 15, 2020

For instance, the traditional principles behind patents (being exclusive rights granted on a temporary basis in exchange for making the details of an invention publicly available), and the usual grounds for establishing infringement of a patent, may not apply where an AI retains these details in a ‘black box’. Copyright and related rights.

IP

IP Intellectual Property Invention Copyright

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

The IPKat

DECEMBER 15, 2023

In September , the Kenya Copyright Board announced the initiation of the Blank Tape Levy collection , effective from September 15th, 2023, as outlined in Section 28(3)(6) and 30(6) of the Kenya Copyright Act and the Second Schedule part B of the Copyright Regulations 2020. This Bill aims to repeal the Copyright Act 2001 in its entirety.

IP

IP Intellectual Property Copyright Music

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

DECEMBER 1, 2021

In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP.

IP

IP Inventor Invention Intellectual Property

Copyright versus privacy: the CJEU rules that access by a public authority to data associated with an IP address can be justified

Kluwer Copyright Blog

SEPTEMBER 8, 2024

In this ruling, the CJEU clarifies its rather ambiguous position in the judgment French Data Network of 6 October 2020 (C-511/18), which was interpreted by the French legislator as not allowing the identification of internet users for civil faults and ‘minor’ criminal offences.

Privacy

Privacy Copyright IP Copyright Infringement

False Association Under 2(a) is not the Same As Likelihood of Confusion Under 2(d)

LexBlog IP

SEPTEMBER 1, 2021

Schiedmayer Celesta GmbH , [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). In Piano Factory Group, Inc.

Registration

Registration Music Branding Branding

Protecting Product and Packaging Designs in China Part II – Copyright

LexBlog IP

MAY 18, 2022

In a judicial interpretation entitled Opinions on Strengthening the Protection of Copyright and Copyright-Related Rights, issued in 2020, the SPC allowed parties to preserve, fix, and submit evidence by blockchain and digital timestamp.

Designs

Designs Design Copyright Artistic Work

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). It was a historic milestone in the area of rights related to copyright. Audiovisual globalisation.

The WIPO Files I: the quest to protect user rights

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This led the Committee to embark on a decade-long process of commissioning expert studies relating to L&Es.

Intellectual Property

Intellectual Property Related Rights Intellectual Property Law Copyright

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

Compensation presupposes culpability and infringement of IP (or related rights) (i.e., And article(2) stipulates that: while whoever culpably infringed the intellectual property or related rights of another is obliged to compensate and satisfy the moral damage. 5) Supreme Court 484/2020. (6)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

The WIPO Files II: is international lawmaking on copyright still possible?

Kluwer Copyright Blog

MAY 25, 2022

The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. In 2020 and 2021, the Committee held hybrid format sessions of online and in-person participation, with most of the delegations attending remotely.

Copyright

Copyright Intellectual Property Publishing Reporting

Establishment and operation of CMOs in Greece

LexBlog IP

OCTOBER 13, 2021

Also, article 18(3) of Law 4481/2017 states as follows: Management fees of the collective management organisation shall not exceed the justified and documented costs in managing copyright and related rights. Management fees should not exceed, on average, 20% of the gross rights revenue of the collective management organisation.

Related Rights

Related Rights Licensing Law Copyright

CJEU has received first reference on DSM Directive

The IPKat

OCTOBER 25, 2023

Between 2016 and 2020, the labour unions of the ONB musicians and the ONB unsuccessfully tried to negotiate a collective agreement. The Royal Decree concerning the related rights of artistic staff of the ONB was finally adopted and published in the Belgian Official Journal on 4th June of 2021.

Bulgarian ISPs Will Block Pirate Bay & Zamunda, But Not Before a Fight

TorrentFreak

JUNE 3, 2023

Recording Industry Behind The Action The initial claim was filed in February 2020 by the Bulgarian Association of Music Producers (BAMP) with support from IFPI, the International Federation of the Phonographic Industry. ” Bulgarian ISPs Fight Back One of the ISPs, identified only as ‘N.1’

Music

Music Copyright Infringement Copyright Reporting

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The IPKat

OCTOBER 4, 2022

The study represents the second phase of a project already started in 2019, which led to the publication of its first phase named " Automated Content Recognition: Existing technologies and their impact on IP " in November 2020.

Technology

Technology Publishing Social Media Intellectual Property

The Resolution of the European Parliament on protection of live sport events

Kluwer Copyright Blog

JUNE 28, 2021

In a 2020 post on this Blog ( here ), we have further updated that the Court of Milan issued similar orders against some hosting providers and the CDN operator Cloudfare Inc., whose services were used for distributing the illicit IPTV services. million to 30.9

Television

Television Copyright Blogging Law

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

Kluwer Copyright Blog

DECEMBER 14, 2022

The conflict between repair information exclusivity and the public interest came to a head in 2020 when iFixit, an online source for repair resources, published its medical device library in response to the COVID-19 crisis. This has allowed manufacturers and rightsholders to curtail their unauthorised reproduction and communication online.

Copyright

Copyright Cease and Desist Fair Use Publishing

The Orphan Works Directive is broken but the Commission won’t fix it!

Kluwer Copyright Blog

MARCH 21, 2023

‘Laziness by Ramón Casas, provided by the Museu Nacional d’Art de Catalunya, available here’ In August 2020, a review of the Orphan Works Directive (2012/28/EU), or OWD, was initiated by the European Commission.

Copyright

Copyright Marketing Marketing Licensing

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. because there is no public access regime that applies, or because third parties own intellectual property rights.

Government

Government Database Right Intellectual Property Copyright

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

APRIL 22, 2022

Part II will present our conclusions regarding EU rules on related rights and outline policy recommendations for EU legislators in this field. An overview of how the 13 teams of the 2020 AI Song Contest considered human and AI roles in different music building blocks ( source ). More from our authors: Law of Raw Data.

Music

Music Copyright Derivative Work Ownership

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

Kluwer Copyright Blog

APRIL 24, 2022

This post is the second instalment of an analysis of a recent report , a part of the reCreating Europe project, on the application of EU copyright and related rights law to outputs generated by or with the assistance of artificial intelligence (AI) systems, tools or techniques (AI outputs), with a focus on outputs in the musical domain.

Music

Music Copyright Related Rights Ownership

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

Kluwer Copyright Blog

FEBRUARY 9, 2022

Firstly, the mandatory collective management of rights prevents the author, performer, producer and, since the DSM Directive, publisher from individually exercising their exclusive rights under copyright or related rights. 17 of the Charter ).

Copyright

Copyright Licensing Art Publishing

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

Kluwer Copyright Blog

OCTOBER 23, 2024

Study on EU copyright and related rights and access to and reuse of scientific publications, including open access ;Knowledge Rights 21, A Position Statement from Knowledge Rights 21 on Secondary Publishing Rights (2022).

Publishing

Publishing Journalism Copyright Editing

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

Kluwer Copyright Blog

DECEMBER 12, 2022

Ideally, such Secondary Publication Rights should be harmonised and made mandatory at the EU level. Additionally, with a view to international collaborations that go beyond the EU, further efforts should be made to harmonise Secondary Publication Rights globally. [4] Frontiers. “It 8] (a) Art. 18, (b) Recital 74 and (c) Art.3

Copyright

Copyright Publishing Journalism Art

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Kluwer Copyright Blog

SEPTEMBER 20, 2023

When the German Federal Court of Justice (BGH) issued its fourth ruling in the “Metall auf Metall” copyright sampling case in April 2020, it seemed that the dispute would finally reach the top of the hill (see here ). In 1977 Kraftwerk released a phonogram featuring the instrumental electronic song “Metall auf Metall” (Metal on Metal).

Art

Art Copyright Law Copyright Music

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

Kluwer Copyright Blog

JULY 15, 2021

Legal arrangements concerning a system of fees compensating creators, holders of related rights and their successors for permitted personal uses based on the provisions of Article 5(2)(b) of Directive 2001/29 have functioned unchanged in Polish law since 1994. million Euro.

Copying

Kluwer Copyright Blog

JANUARY 18, 2023

The new related right for press publishers (Sections 87 et seqq. A further addition has been the introduction of a new related right for press publishers in Sections 87 et seqq. As the related right for press publishers only contains economic elements, it is transferable in full, as per Section 87g(3) UrhG.

Copyright

RARBG Shut Down in the Middle of a Bulgarian Piracy Crackdown

TorrentFreak

SEPTEMBER 6, 2023

Bulgaria and Recent Pirate Site Events After years of criticism from the United States, in 2020 there were signs that Bulgaria would begin a crackdown against pirate sites including Zamunda and RARBG. The country reportedly requested assistance from the U.S. A year later, it appeared that Bulgaria was still interested in receiving U.S.

Intellectual Property

Intellectual Property Television Reporting IP

An Outline on South Africa and India’s WTO IP waiver

IP and Legal Filings

SEPTEMBER 28, 2021

Thus, the COVID 19 pandemic has underlined the importance of waiving patents and other IP-related rights linked to healthcare products, vaccines, and scientific processes to ensure the accessibility of the same on a global level. WTO Council meeting held in October 2020. WTO Council meeting held in November-December 2020.

IP

IP Related Rights Patent Technology

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Kluwer Copyright Blog

MAY 18, 2022

Likewise, in 2020, legislative reform over the EU’s legal framework for online enforcement included a proposal for a Digital Services Act , which features a new institutional arrangement mirroring that found in the GDPR.

Copyright

Copyright Marketing Marketing Law

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Kluwer Copyright Blog

NOVEMBER 17, 2021

This first part covers the definition of a work, authorship and moral rights. Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. The decision practice of the BGH in 2020 will be described separately in a later article.

Moral Rights

Moral Rights Law Copyright Copyright Law

Copyright, AI Training, and LLMs: The Path Forward

Velocity of Content

NOVEMBER 25, 2024

2053, 2057 (2020) (“[M]achines are increasingly good at emulating humans and laying siege to what has been a strictly human outpost: intellectual creativity.At ↩︎ See Ginsburg & Ricketson , supra note 49, ¶¶ 11.30 – 11.41 (discussing the rights of reproduction and adaptation in the Convention) [ read full article here ].

Copyright

Copyright Derivative Work Intellectual Property Copying

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

Kluwer Copyright Blog

JANUARY 25, 2022

Courts have reshaped and defined the boundaries of exclusive rights in order to protect core values of the constitutional order (see Geiger & Izyumenko 2014 ; Geiger & Izyumenko 2020 ). Fundamental rights have helped to adapt rules that were shaped for the analogue world to the digital environment.

Copyright

Copyright Intellectual Property Copyright Law Law

ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

3 Count: Time’s Side

Trending Sources

The EU AI Act has been published

Protection of Nonfungible Tokens in Indonesia

[Guest Post] WIPO’s African Group hits the ground running with a Work Program on Copyright Limitations and Exceptions

Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

EU copyright law round up – fourth trimester of 2021

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Cambodia and its RCEP Accession

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

AI and IP – A real conversation starter

Africa IP highlights 2023: Reforms in IP policy, legislation and administration

AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Copyright versus privacy: the CJEU rules that access by a public authority to data associated with an IP address can be justified

False Association Under 2(a) is not the Same As Likelihood of Confusion Under 2(d)

Protecting Product and Packaging Designs in China Part II – Copyright

The Beijing Treaty: A step forward in the protection of related rights in audiovisual performances

The WIPO Files I: the quest to protect user rights

Does food flavouring constitute a “work”?

The WIPO Files II: is international lawmaking on copyright still possible?

Establishment and operation of CMOs in Greece

CJEU has received first reference on DSM Directive

Bulgarian ISPs Will Block Pirate Bay & Zamunda, But Not Before a Fight

The EUIPO has published the second phase of its research on Automated Content Recognition (ACR) technologies

The Resolution of the European Parliament on protection of live sport events

Top 10 Posts on the Kluwer Copyright Blog in 2022

The InfoSoc Directive and the Right to Repair: exploring the boundaries of a lesser-known copyright exception

The Orphan Works Directive is broken but the Commission won’t fix it!

Please share nicely — From Database directive to Data (governance) acts

AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

AI Music Outputs: Challenges to the Copyright Legal Framework – Part II

Mandatory collective management of copyright: when the road to deadlock is paved with good intentions

ALLEA Statement in Support of Secondary Publication Rights for Scholarly Articles

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules

The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU

Private Copying Levy for Social Purposes – Draft Changes in Poland and Compatibility with EU Law – Part I

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

RARBG Shut Down in the Middle of a Bulgarian Piracy Crackdown

An Outline on South Africa and India’s WTO IP waiver

After the Decision of the CJEU on the Validity of Article 17 CDSMD, What’s Next? The Regulatory Task Ahead and a Proposal for an Independent EU Copyright Institution – Part II

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 1 of 4: Definition of a work, authorship and moral rights

Copyright, AI Training, and LLMs: The Path Forward

Digital Constitutionalism and Copyright Reform: Securing Access to through Fundamental Rights in the Online World

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